CEU eTD Collection (2017); Molnar, Krisztian: Illiberalism v. the ECtHR and EU: Are fundamental rights safe in an illiberal state? (the case of hungary and poland)

CEU Electronic Theses and Dissertations, 2017
Author Molnar, Krisztian
Title Illiberalism v. the ECtHR and EU: Are fundamental rights safe in an illiberal state? (the case of hungary and poland)
Summary This short thesis aims to reflect on illiberal trends and politics in two countries, Hungary and Poland, and to show how the European Union and Council of Europe – principally through the judgments of European Court of Human Rights – responded to the recent challenges of human rights and rule of law problems. It can be said, that in these two countries the status of fundamental rights are not safe but at this moment these rights are present and both the domestic and the international institutions are able to protect them – at least on a minimum level. But the perspectives are not so positive either: the constant diminishing of rights, the uncertainty and arbitrariness in all legal and political areas cannot lead us to an optimistic view. The area of rule of law is also permanently subjected to the political decisions - and contrary to the fundamental rights – the EU protection has not been satisfactory so far. Fortunately, some new mechanisms have already been invented and the outcomes we will be able to see in the near future.
Supervisor Eszter, Polgari
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2017/molnar_krisztian.pdf

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